TAIWAN: CONSTITUTIONAL COURT RECOGNIZES FUNDAMENTAL FLAWS IN DEATH PENALTY BUT FAILS TO ABOLISH IT

On 20 September 2024, the Constitutional Court of Taiwan issued its decision on a challenge on the constitutionality of the death penalty, finding the death penalty constitutional for serious offences such as murder. The constitutional challenge arose from a case filed by Wang Xinfu (Petition No. 2022), the oldest person on Taiwan’s death row, consolidated with petitions by 37 others

In response to a ruling by the Constitutional Court of Taiwan that found the death penalty constitutional for offences such as murder, E-Ling Chiu, Director of Amnesty International Taiwan, said:

“Today’s decision is a small step for human rights in Taiwan. The Constitutional Court has recognized the fundamental flaws of the death penalty and strengthened human rights protections for those on death row. Yet the death penalty remains on the books for several offences. This marks a start in Taiwan’s journey towards abolition, and we must ensure it does not stop here.

“We have long been concerned about the unfair proceedings that have resulted in the imposition of the death penalty in many cases in Taiwan. Today’s verdict acknowledges that the current procedures are not rigorous – the Taiwanese authorities must now amend the relevant provisions within the two-year timeframe given to ensure fundamental safeguards are put in place. But this does not go far enough.

“It is also positive that the Constitutional Court determined that current provisions fail to protect from the death penalty people with mental disabilities who are not competent to stand trial or execution. However, it is regrettable that the judgment did not fully reflect safeguards under international law and standards and did not exclude those with mental and intellectual disabilities from the use of the death penalty completely.

“Despite the progress made today, we are extremely worried that this decision effectively puts close to 40 people at risk of execution. We urge the government of Taiwan to immediately establish an official moratorium on executions as a first critical step. The death penalty is inherently cruel and does not make us safer.

“As the global trend continues towards abolition, today’s decision stacks Taiwan against the majority of the world’s countries that have already fully consigned this punishment to the history books. The authorities of Taiwan must act to swiftly commute all death sentences, bring about reforms to the criminal justice system that prioritize the protection of human rights and abolish the death penalty once and for all.”

Background

On 20 September 2024, the Constitutional Court of Taiwan issued its decision on a challenge on the constitutionality of the death penalty, finding the death penalty constitutional for serious offences such as murder. The constitutional challenge arose from a case filed by Wang Xinfu (Petition No. 2022), the oldest person on Taiwan’s death row, consolidated with petitions by 37 others.

The Constitutional Court also held that the death penalty may not be carried out on any person with a mental disability.

It gave the authorities two years to amend the law in order to comply with the judgment, and prohibited the use of the death penalty against anyone with a mental disability in the meantime.

Amnesty International Taiwan and the World Coalition Against the Death Penalty are among several non-governmental organizations who intervened in the case, in support of the full abolition of the death penalty.

In a joint briefing filed on 8 April, Amnesty International Taiwan and the World Coalition Against the Death Penalty argued that the use of the death penalty in Taiwan constitutes a violation of human rights as guaranteed under the Constitution of Taiwan (Articles 8 on personal freedom and procedural guarantees in case of arrest and conviction; and 15 on the right to existence).

The organizations hold that the death penalty violates the human right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, as reflected in the development of international human rights law and standards. Amnesty International Taiwan, the World Coalition Against the Death Penalty and its members have long raised concern at the use of the death penalty in Taiwan, including in relation to proceedings in several cases that violated constitutional and international standards for a fair trial and resulted in the imposition of the death penalty.

The last execution in Taiwan was carried out in 2020. As of 31 December 2023, 37 out of the 45 people held on death row had their death sentences finalized and were at risk of execution. As of today, 112 countries have abolished the death penalty for all crimes and 144 are abolitionist in law or practice. According to figures by Amnesty International, 16 countries were known to have carried out executions in 2023 – the lowest number of executing countries on record, since Amnesty International began its monitoring.

Amnesty International opposes the death penalty in all cases without exception regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution.